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Appeals from the Court of First Instance must be filed to the Appeal Court. Much like in the West, it will have to include the factual or legal grounds for objection. This even though restrictions apply. Note that appeals being disallowed for minor sentences (imprisonment not exceeding three years or fines under 60,000 baht). This occurs unless exceptions apply like postponed sentencing or fines above 1,000 baht. Likewise, even when prohibited.
You will note that an appeal may proceed if certified as significant by the judges or the Director-General of Public Prosecution. Lastly appeals on legal questions are limited to the facts established by the trial court. Note that only legal issues previously raised may be appealed. Except those affecting public order or procedural compliance. Lastly also see the articles that we have written on Thailand criminal court lawyers as well as issue of criminal court lawyers.
Only the final orders or those significantly affecting rights are eligible for appeal. Likewise with appeals must be filed within one month of the judgment or order. This with further steps if the initial court rejects the appeal. Likewise imprisoned appellants may file through the prison warden.
In addition appeals are shared with the opposing party for response. Likewise should the party be unavailable or uncooperative, the court proceeds. Then an appellant may withdraw before the appeal reaches the Appeal Court, making the original judgment final for them unless the opposing party continues the appeal. Lastly see also the topic on Bangkok criminal law firms as well as criminal record check Thailand as well.
Appeals against judgments or orders of the Court of First Instance. These can be made to the Appeal Court, unless otherwise prohibited by law. Much like in the West, every appeal must state briefly the facts or legal points raised.
There are limitations such as it prohibiting appeals against judgments on questions of fact. This when the penalty is imprisonment for no more than three years or a fine not exceeding 60,000 baht, except in certain cases such as: 1. Should the defendant is sentenced to imprisonment or in lieu of imprisonment. 2. If the court has ruled the defendant guilty but postponed the sentencing. 3. If the defendant is sentenced to a fine exceeding 1,000 baht.
Even if an appeal is prohibited by Section 193 bis. It is the judges or the Director-General of the Public Prosecution Department who can certify that the case is significant and worthy of appeal, allowing the appeal to proceed.
In any appeals based on legal questions. The Appeal Court must consider the facts established by the Court of First Instance.
All legal points raised in an appeal must be clearly stated. These issues must have already been raised in the Court of First Instance. However, issues related to peace, order, or non-compliance with the Code can be raised by the appellant or the court.
Appeals cannot be made on orders during consideration that do not finalize the case. Only orders on important issues that result in a judgment or final order can be appealed.
Grounds for appeal include cases where a judgment or order deprives others of their rights. Such cases may be appealed.
Appeals must be filed within one month from the date the judgment or order is read. The Court of First Instance must assess whether the appeal should be sent to the Appeal Court. If the defendant is not imprisoned as required. Then they must present themselves to the court when filing the appeal.
If the Court of First Instance rejects an appeal. Then the appellant can submit an appeal to the Appeal Court within 15 days. It is then up to the Appeal Court to decide to accept the appeal.
Should the appellant be imprisoned, then they can file an appeal to the prison warden. The prison warden will issue a receipt and send the appeal to the Court of First Instance.
The court must send a copy of the appeal to the other party for correction within 15 days of receiving it.
If the other party cannot be found or refuses to receive the copy of the appeal.This or the appeal has already been resolved. Then it is up to the courts to forward the case to the Appeal Court for further consideration.
The appellant can withdraw the appeal before the case is sent to the Appeal Court.If the appeal is withdrawn and the other party does not appeal. Then the judgment of the Court of First Instance becomes final only for the withdrawing party. Lastly if the other party appeals, the case is considered final once the appeal is resolved.
Lastly look also at the other sections such as Judgments and Orders as well as General Rules as well as Criminal Warrants.
These are the most common issues in Thailand that you might need. If you want to live in Thailand for a long time then the how to get residency in Thailand may be an option for you. Likewise you may also need a Bangkok divorce lawyers in time as the failure rates in Thailand high for expats. Also you might need to look at making a will in Thailand. Likewise see also the marriage visa Thailand.
The information contained in our website is for general information purposes only and does not constitute legal advices. For further information, please contact us.